Auto Insurance Claims: Claim against permit driver who is not the owner of the car he was driving., learners permit, own insurance

Question
What are my options?
My wife and I were hit by a 16year old who was driving with only a student permit. His 15year old girl friend was also in the car, her father was the owner of the car and has insurance. The back of our car was damaged and my wife who is 9 months pregnant was taken to the hospital for tests and some medical attention.

Is 15year old girlfriend's father liabil for all damages?

Could he say he did not give permission for 16year old to drive his car? Yet he must have given keys to his 15year old daughter who had no license, so will this imply permission granted.

Could insurance company say the 16year old was not a licensed driver?

Should the parents or policy holder of the 16year old's permit be liabil?

Just trying to figure out who is really liabil and what my options are.

Thank you.

Answer
Hi Sean,

The parents of the driver are responsible for the damage. The only way the parents could get away with saying their son did not have permission, would be to report the vehicle as stolen and press charges against their son. Not likely to happen. The parents should have notified their insurance company that their son had a learners permit and added him to the policy.

While all this is being sorted out, I would suggest thet you make a claim with your own insurance company and let the insurance companies figure out the liability and coverage issues.

I hope this helps
Richard Hixenbaugh